A consideration of the legal aspects of chiropractic : and more particularly of the question whether or not chiropractic is included within the terms of the Michigan Medical Act-Act. No. 237, Public Laws of 1899, as amended-and is subject to the provisions of that act. Brief, argument and authorities for the affirmative / by Loesch, Scofield & Loesch, Counsel for American Medical Association.
- Loesch, Scofield & Loesch, Chicago.
- Date:
- [1911]
Licence: Public Domain Mark
Credit: A consideration of the legal aspects of chiropractic : and more particularly of the question whether or not chiropractic is included within the terms of the Michigan Medical Act-Act. No. 237, Public Laws of 1899, as amended-and is subject to the provisions of that act. Brief, argument and authorities for the affirmative / by Loesch, Scofield & Loesch, Counsel for American Medical Association. Source: Wellcome Collection.
Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.
62/94 page 54
![sufficient]}' flexible to admit of some other construction it is to be adopted to effectuate that intention. The intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act. And again in section 456, page 864: Where the meaning of a statute or an}' statutory provision is not plain, a court is warranted in availing itself of all legitimate aids to ascertain the true intention; and among them are some extraneous facts. The object sought, to he accomplished exercises a potent influence in determining the meaning of not only the principul, hut also the minor pro- visions of a statute. To ascertain it fully the court will he greatly assisted hy hnoiving, and it is permitted to consider, the mischief intended to he removed or suppressed, or the necessity of any hind which induced the enactment. If the statute has been in force for a long period it may be useful • to know what was the contemporary construction; its practical construction; the sense of the legal profession in regard to it; the course and usages of business which it will affect. It may be necessary to apply the meaning of terms of art which it may contain. Considering the statute in the light of this rule of interpretation, and keeping in view the far-reaching purpose of the Medical Act, as expressed by the courts of Michigan and other jurisdictions in the Opinions we have quoted from; bearing in mind that this statute was not passed to favor any particular body or school of practitioners of the healing art, hut was intended to protect the public from im,postors ivho not only endanger health, hut also take money under false pretenses of their ahility to cure; remembering that this is at once a health ordinance and a statute of frauds, need we hesitate to give to the words of the statute that meaning which is so unanimously sanctioned iDy the surest and best author- ities on the use of words? The legislature of Michigan, when it said in Section 3, all men and women who wish to begin the practice of medicine ajid surgery in any of its branches * * * shall make application * * * for a certificate of registration, meant all who Avish to begin to practice the science of preventing, alleviating or curing disease, physical injuries and ailments; and it did not, either by the spirit or the letter of its words, limit their application to those who used drugs and instruments. And when the legislature said in Section 7, Any person who shall practice medicine or surgery in this State, who is not the lawful possessor of a certificate of registration * * * shall be deemed guilty of a misdemeanor, it likewise](https://iiif.wellcomecollection.org/image/b21171609_0062.jp2/full/800%2C/0/default.jpg)


